When you file a personal injury claim, you may be attempting to recover financial compensation for both economic and non-economic damages. One of the non-economic damages that you can claim is pain and suffering. Read on to discover what is considered pain and suffering in a lawsuit and how a seasoned Ontario personal injury lawyer at Merricks Law Group can help you in determining what you must recover to properly heal.
What is considered “pain and suffering” in a personal injury lawsuit?
By definition, pain and suffering is the physical and mental suffering that you may have to fight through as a result of your personal injury. So, if you were involved in an accident that was due to another party’s negligence, then you can accuse of causing your pain and suffering.
More specifically, physical pain and suffering refers to the pain you feel in your day-to-day activities after your accident and subsequent injuries. And, mental pain and suffering refers to the non-physical pain you feel every day after your accident and subsequent injuries. Examples of both are as follows:
- Physical pain and suffering:
- The inconvenience that comes with the permanent loss of function or impairment of a certain body part.
- The inconvenience that comes with the permanent loss to provide love, affection, companionship, or services.
- Mental pain and suffering:
- The embarrassment or depression you feel as a result of your disfigurement.
- The embarrassment or depression you feel as a result of your loss of consortium.
- The loss of ability to enjoy life as you did before your accident/injury.
How do I calculate pain and suffering in a personal injury claim?
It is without a doubt that non-economic damages, such as pain and suffering, are more difficult to calculate than economic damages. This is because, with economic damages, you can provide medical bills, past pay stubs, property damage bills, etc. to prove your claim. But with non-economic damages, such documentation does not exist.
With no formula or standardized calculation available, this is why damages from pain and suffering are subjective. With that, the court will listen to your testimony and any relevant witness testimony to determine what amount of financial compensation is fair and reasonable enough to recover your pain and suffering damages. This causes the awarded amount to vary greatly from case to case.
If you would like to ensure that you are receiving a fair and reasonable amount of financial compensation for your pain and suffering damages, then you must retain the services of a competent Ontario personal injury lawyer. We will fight on your behalf so that you can receive what you need to make a full recovery. So, without further ado, pick up the phone and give our firm a call today.